Quote:
Originally posted by OFFBEAT
In California, .08 and above is considered impaired. I had a BAC of .12.
I took a field (breath) sobriety test first which they say gave them a reason to take me downtown. They did not read me my Miranda rights until way much later in the night. I think that was way odd. I then took another breath test which concluded I had a BAC of .12.
Also, they basically TOLD me I had to take a breath test. In California you should have the option between blood and breath.
I'm going to consult a lawyer. But I'm just curious if anyone knows anyone who has fought and won.
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Forget the miranda rights. They will not even contest it. They have no use for anything you said or they said. The miranda does not cover what the machine recorded. Miranda will only prevent them from using anything you said before being read them. (sucks but is how it goes down)
.12 is basicly fucked, and another at .12 at the station just fucks you even more, by showing you were still riding high and it was not just alcohol on your breath from recent breathing.
Impaired is cops judgement basicly so again screwed.
Two different tests on two different machines, means you will have a near zero chance of challenging the machines accuracy.
An attorney will run ya at least 3k minimum just to take your case and plea you down to the mandatory minimum which you will get. Unless this of course is not your first one.
Your gunna be paying another 3k or so in fines, gunna loose your license for awhile (depending on if you want a to and from work permit, or not) You will get some jail time which is ussually converted into community service at some annex. Your looking at around a week of 8 hours days minimum.
You also are going to need to maintain insurance on your vehicle for many years and show proof to DMV at all times or your license is suspended again.
They may also make you put a breath thingy on your car and you must pay for this. Up to the judge on this one.
With your case only thing a lawyer is gunna do is cost you 3k to assure you get the minimum. A PD may not get that for you.